ORDINANCE NO. 2003 - 74
AN ORDINANCE GRANTING SPECIAL USE PERMIT APPROVAL TO ALLOW A DROP OFF CHILD CARE CENTER AT WEStFiELD SHOPPINGTOWN FOR PROPERTY LOCATED AT 122 HAWTHORN CENTER, IN THE VILLAGE OF VERNON HILLS, LAKE COUNTY.
WHEREAS, Westfield Shoppingtown-Hawthorn, representing the business owner Shannon Witt/Timeout LLC in regard to 122 Hawthorn Center, Unit 130 said property legally described in Exhibit A, has petitioned the Village of Vernon Hills to grant approval of a special use permit to allow for the operation of a “drop-off” childcare center at the Westfield Shoppingtown – Hawthorn property.
WHEREAS, said approval will allow Shannon Witt/Timeout LLC to operate a “drop-off” childcare center in the space at the proposed location; and
WHEREAS, upon due notice and after public hearings held September 24 and October 8, 2003 and continued from time to time by the Planning and Zoning Commission of the Village of Vernon Hills, pursuant to the Vernon Hills Zoning Ordinance of 1982, as amended, said Planning and Zoning Commission has filed its report concerning said petition and recommended approval of the special use permit to allow a “drop-off” childcare center at the Westfield Shoppingtown – Hawthorn property and to allow Shannon Witt/Timeout LLC to operate a “drop-off” childcare center in the space at the proposed location as a special use, subject to certain conditions; and
WHEREAS, based upon the evidence adduced at said hearings and in their application, the petitioner has entered into the record evidence and findings of fact that addresses the conditions in Section 18.3.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE OF ILLINOIS:
SECTION I. Pursuant to the Vernon Hills Zoning Ordinance of 1982, as amended, the special use permit for a “drop-off” childcare center at the Westfield Shoppingtown – Hawthorn is granted to Shannon Witt/Timeout LLC to operate as a special use at the proposed location as described in Exhibit A, is hereby granted, subject to the following conditions:
a) General compliance with the written responses submitted by the petitioner and Ms. Witt and attached as Exhibit B.
b) Periodic checks by the Building Division to confirm pager reception throughout the mall
c) Maximum child occupancy load shall be based on DCFS ratios as they relate to the square footage of the facility and caregiver ratios. The occupancy load shall not be exceeded more than one time during a day. The Building Division shall confirm by periodic checks the occupancy. The facility shall keep records, of the number of children being cared for, on a daily basis, which shall be available for inspection by the Village upon reasonable request.
d) Construction of the facility shall be in substantial conformance with the detailed plans for the tenant space prepared by SDA and dated August 29, 2003, except as changes may be required to conform the plans with plumbing or other codes as determined by the Building Department. Said plans consist of Pages AN1-3, A1.0, A2.0, A3.0, E1.0 and E2.0 and are attached as Exhibit C.
e) The pick up and drop off procedures will remain in effect as specified in Exhibit B.
f) Certificates of insurance shall be provided to the Village prior to issuance of a certificate of occupancy.
g) The normal hours of operation shall be as follows: Monday thru Friday 10AM to 8PM, Saturdays 10AM-6PM and Sundays 12 Noon to 5PM. If the mall opens earlier during the holiday season or for a special event(s) occurring within the mall property, the facility can open earlier in conformance with the business hours of the mall.
h) The operations manual as setforth in the hearings shall be made part of the conditions of approval and adopted by reference as Exhibit C.
i) The requirement for AED and CPR certification of all of your staff.
j) The special use is hereby granted specifically to Shannon Witt/ Timeout LLC. Any change in the members of the LLC, or sale of the business shall require written approval by the Village. Prior to any change in ownership, the Village may require a hearing to ascertain the fitness of the new owner. Any change in ownership without written authorization by the Village shall be deemed to be a violation of the conditions of the Special Use, and the Special Use Permit shall be considered revoked. In such case the Building Division shall have the right to revoke the certificate of occupancy of the facility.
k) Statements from the mall with regard to procedures when a parent of guardian violates pick up or paging requirements.
l) On an annual basis, the petitioner and/or business owner shall submit a report certifying that the maintenance and operations manual remains in place and shall list all changes or amendments to said manuals. The date for submission of the report shall be established by the final certificate of occupancy as issued by the Village. The manuals shall be made it available to the Building Department or the Village Staff for it's review upon reasonable notice by the Village. Said access to the manuals shall not be unreasonably denied.
m) No child shall be present within the facility for more that a total of 4 hours per day.
n) Verification that the pager system has reception throughout the mall will be done by the Building Division prior to the issuance of a Certificate of Occupancy.
o) Compliance with all ordinances and standards of the Village unless otherwise specified herein.
p) Any violation of any condition of the special use shall be deemed cause for the Village to hold a hearing on revocation of the special use. Revocation of the special use shall allow the Building Commissioner to revoke the facility’s certificate of occupancy. If the Building Commissioner, pursuant to complaints, or inspections by the Village or other municipal entity (Lake County Dept of Health, Fire Protection District, etc) becomes aware of a situation which he deems can be substantially detrimental to the health, safety or welfare of the children in the facility, he may summarily have the facility closed, so long as a hearing on the alleged violations is held within 7 days before the Village Board.
SECTION II. SEVERABILITY. In the event that any section, clause, provision, or part of this ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. If any part of this ordinance is found to be invalid in any one or more of its several applications, all valid applications that are severable from the invalid applications shall remain in effect.
SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.
SECTION IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
SECTION V. ORDINANCE NUMBER. This ordinance shall be known as Ordinance Number 2003-74.
Adopted by roll call vote as follows:
ABSENT AND NOT VOTING:
Roger L. Byrne
PUBLISHED IN PAMPHLET FORM: ______________
Jeanne M. Schwartz